- 1 - NC: 2025:KHC-D:2915 WP No. 101404 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101404 OF 2024 (KLR-RR/SUR) BETWEEN: SHRI SADANAND S/O PIRAJI PARIT AGE. 59 YEARS, OCC. RETD, R/O. MARUTI GALLI, MACHHE 590014, TALUKA AND DIST. BELAGAVI. …PETITIONER (BY SMT SUNANDA P PATIL,ADVOCATE) AND: 1. 2. 3. 4. THE DEPUTY COMMISSIONER D C COMPOUND, BELAGAVI, BELAGAVI 590001 THE ASSISTANT COMMISSIONER BELAGAVI, COURT COMPOUND BELAGAVI-590001. THE TAHASHILDAR, BELAGAVI-590001. SMT. PARVATI, W/O GANGAJI BELAGOANKAR AGE: 80 YEARS, OCC: HOUSEHOLD WORK R/O BELAGOANKAR GALLI, MACHHE-590014 TALUKA & DIST. BELAGAVI ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2915 WP No. 101404 of 2024 5. 6. 7. 8. SMT. CHANDA D/O GANGAJI BELAGAONKAR AFTER MARRIAGE CHANDA GURUNATH PATIL, AGE: 59 YEARS, OCC: HOUSEHOLD R/O ALADGA-591219 TALUKA & DIST. BELAGAVI. SHRI NINGAPPA S/O GANGAJI BELAGAONKAR AGE: 54 YEARS, OCC: MASON R/O BELAGOANKAR GALLI, MACHHE-590014 SHRI YALLAPPA S/O GANGAJI BELAGAONKAR AGE: 52 YEARS, OCC: CARPENTER R/O BELAGOANKAR GALLI, MACHHE-590014 TALUKA & DIST-BELAGAVI SHRI KRISHNA S/O GANGAJI BELAGOANKAR AGE: 46 YEARS, OCC: VEGETABLE VENDOR R/O BELAGAONKAR GALLI, MACHHE-590014 TALUKA AND DIST: BELAGAVI …RESPONDENT (BY SRI. M.M. KHANNUR., AGA FOR R1 TO R3; SRI RAGHAVENDRA A. PUROHIT., ADVOCATE FOR R4 TO R8 & R7 IS GPA HOLDER BY R4 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDAI PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 21.09.2023 PASSED IN RB/RTA 289/2022-23 BY RESPONDENT NO.1 VIDE ANNEXURE-G AND ORDER DATED 20.09.2022 PASSED IN RA 86/2022 BY RESPONDENT NO.2 VIDE ANNEXURE-F AND ETC. - 3 - NC: 2025:KHC-D:2915 WP No. 101404 of 2024 THIS WRIT PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari or any other writ, order or direction quashing the order dated 21.09.2023 passed in RB/RTA/289/2022-23 by R1 vide Annexure-G and order dated 20.09.2022 passed in RA 86/2022 by R2 vide Annexure-F. b. Issue any other writ or direction or order the petitioners are found entitled to. 2. Though various grounds have been urged in the above petition challenging the order dated 21.9.2023 in RB/RTA-289/2022-23 passed by respondent No.1 at Annexure-G and order dated 20.9.2022 passed in RA No.86/2022 passed by respondent No.2 at Annexure- F. What can be seen from the order dated 20.9.2022 passed by respondent No.2 is that the respondent No.2 had condoned the delay by allowing the application filed under Section 5 of the Limitation Act and thereafter - 4 - NC: 2025:KHC-D:2915 WP No. 101404 of 2024 issued notice to the respondents, such a procedure is unknown to law. 3. Whenever any proceedings are filed and in those proceedings the delay is sought for condonation, notice would have to be essentially issued to the opposite party. Thereafter, the application for condonation would have to be considered on the basis of the submission made by both the parties. 4. In the present matter, the petitioners have been deprived of objecting to the application for condonation of delay, the delay having been condoned ex-parte in their absence. 5. In that view of the matter, I passed the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated 21.9.2023 in RB/RTA-289/2022-23 passed by respondent No.1 at Annexure-G and order dated 20.9.2022 passed in RA No.86/2022 passed by respondent No.2 at Annexure-F are quashed. - 5 - NC: 2025:KHC-D:2915 WP No. 101404 of 2024 iii. The matter is remitted to Respondent No.2 for fresh consideration by permitting the petitioner to file objection to the application under Section 5 of the Limitation Act and affording an opportunity to both the parties to address their arguments on the said applications. iv. The objections to Section 5 application would have to be filed by the petitioner within 10 days from today, i.e., on or before 25.2.2025. The said application would have to be considered and all necessary orders passed by 26.3.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 39